#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Court's abuse of judicial process allows dissident Sangam officials to hold elections

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Tuesday, August 23, 2016

Court's abuse of judicial process allows dissident Sangam officials to hold elections

In what is clearly an abuse of judicial process, the High Court at  Lautoka has granted an order to four dissidents of TISI Sangam to contest Sangam elections this weekend. 

Parveen Kumar Bala, Dorsami Naidu, Raja Kumaran and Avinash Reddy were suspended by the TISI Sangam National Council last month after they abused the election process during the TIV (Youth) Sangam meeting in May. This led to the cancellation of the AGM of the main body of Sangam - TISI Sangam. 

Bala is a Vice President of Sangam, Naidu (a veteran lawyer) is the immediate past president, Kumaran is also a Vice President while Reddy, who is a  Suva- based lawyer, is an official of Sangam's Suva branch. 

Sources have confirmed that late last Friday - around 5pm, the four (through an ex-parte action in the Lautoka High Court) obtained an order from recently appointed judge Sunil Sharma, allowing them to contest the Sangam elections, despite the suspension. 


Legal sources say this is an abuse of the judicial process because  an ex-parte action must not be entertained by the Court when there are two parties required to operate within the rules of their organisation - in this case the Constitution of Sangam.

They add the granting of orders on an ex-parte action means  Sangam's Constitution was disregarded by the judge because the suspension would have been in accordance with the Constitution. 

They also point out that in a previous and recent case taken to Court by the current office bearers of Sangam to obtain orders against the dissident group, the Court did not entertain the ex-parte action but required the other party - Bala's group - to be informed and be present in Court. 

But the judge did not adhere to this practice of fair play and justice last Friday. 


The question that has to be asked is why has the Court granted the order on an ex-parte action, in what is a blatant abuse of the judicial process? 



27 comments:

KUA NI RERE said...

Monkey see, Monkey do.
They see their Leader Bainimarama doing it ( Perverting the Course of Justice) so they do it too.
Bainimarama is a weak Leader. He wont do anything about these sorts of people.


Anonymous said...

Correct me but I thought the sangam incumbents were being charged for contempt of court.

Anonymous said...

Please get your facts right before you make unfounded comments or allegations. Go check the High Court records which will speak for itself. Let me give history of this this matter. The national executives of sangam instituted legal action against three members on 30/5/2016 being C/A no 98/2016 and tried to obtain exparte injunctions but failed. The matter was resolved when patios entered into Terms of Settlement which became an Order of the Lautoka high court on 1/7/2016.
Under the Order the parties agreed that TISI sangam and TIV AGM be held on 28/8/2016 and that the membership register would be as at 21/5/2016 but the Plaintiffs which is the majority of the sitting national executives decided to take disciplinary action against the three defendants and some others contrary to the Order. This resulted in Committal proceedings being instituted for contempt. Leave to issue commit all has been granted.

The injunction that was granted last Friday was to stop the disciplinary action as this was designed to stop members contesting elections. The so called dissidents are not dissidents - all they want are fair and transparent elections where members would decide the fate of those standing .

Can you please ask Sada Siwan Naicker( national president) and Damen Gounder( Secretary General) and the other National Executives who are with them why they are afraid to participate in fair and transparent elections. Why do only a few want to dictate who can hold positions in Sangam. Let the members decide.

Just because Praveen Bala is a candidate dos not mean that this is a Fiji first thing. This is not a political thing but rather a Sangam thing. Bala is already sitting National Vice President and Ba President for over ten years and all the others are also in sangam.

What is happening presently within Sangam is a storm in a teacup . Members want fair and transparent elections and nothing else but the Executives want to avoid elections or have elections on their terms by suspending the opposition. In 2012 these same executives did not hold AGM on pretext of natural disasters and had it deferred until 2013. Previously elections of office bearers to national office was for annual term but now since 2013 Sada Siwan Naicker and Damen Gounder have made it a three year term.

Members are very unhappy with the present state of affairs and want a say in the running of Sangam.


Anonymous said...

This same group now hanging onto power have suspended so many members . One group of 8 or so members have been suspended since 2012 simply for challenging the Executives for not holding the 2012 AGM as provided under the Companies Act . They first went through all the procedures provided under the Sangam Constitution but when they were not heard or their grievance considered they than went to court which is their constitutional right but they were suspended from participating in Sangam activities. Als this same group sold the Labasa nursing building situated in Main Street Labasa for a song. Why! The property is now worth $1.5m to $2.5m.

Than recently a cheque by the TIV national signed by Taranesh Reddy was dishonoured . No action taken against this gentleman to date because he is with this power hungry group. There are so many things like this.

Anonymous said...

On 21/5/2016 the Legal Adviser Shailend Krishna with Sada Siwan Naicker and Damen Gounder got the Council of Management to approve indemnity for the national executives for their wrong decisions. This is after the outgoing meeting of the council of management was held. What are they afraid of. Why should Sangam pay for their mess.

One Muni Kamlesh of Nadi is renting the Sangam Press building for the company he works after losing his high powered job with Jacks. I am told he is in rental arrears and he has become a General Secretary. What a joke.

Anonymous said...

So you guys entertain unethical personel..who know they did wrong by killing a fellow sang am member...but won his case through bias judgement...

Anonymous said...

I want to know why sons and daughters of south indian mothers who are married to north indians are not allowed to be Sangam members.But Shailen Krishna(son of a Guji mother and a wayward south indian)can be a member and legal adviser.Shame on Sangam !!

Anonymous said...

Very interesting reading these comments.
Isn't sangam in contravention to the national law when it prohibits the children and husbands of south indian women married to non-south Indians from becoming members but allows this if the husband is a south indian! This is not only gender discrimination but against the human rights section of our constitution. The question arises: why would any right thinking person would want to be a member of such racist and sexist organization? Perhaps the younger generation should vote with their feet.

Anonymous said...

7.48
Sangam should be taken to court for discrimination.
Also, if they are registered as a charitable trust, that too should be cancelled.
They desperately need to come out from being under the shadow of YP.

Anonymous said...

Fuck you Indians, you're always causing trouble...Fuck off back to the slums where you originated from.

Anonymous said...

@Anonymous 1:49 PM

How's that rock you live under?

Anonymous said...

Asshole @1.49
Don't eff around with Madrasis. They are mad and they will tirkuttu you and you lineage. How do I know this? I am married to one!!!

Anonymous said...

@8:55 PM
how do some people know if they are north or south Indian? is there some sort of genetic test or what?

@1:49PM
your language is not appropriate.

Anonymous said...

You piece of a cunt freaking racist ...

Anonymous said...

@2:10 PM
who?

Love is the only solution to racial issues.

Anonymous said...

Abuse of judicial process, abuse of power, corruption is all part of khaiyums strategy to stay in power. Here its the divide and rule game. To play the game he needs to be taken out one way or the other.

Anonymous said...

Where is the unaccounted millions from government coffers. Trying to get a part of the loot Bala and co.?

Anonymous said...

Sangam has a lot of andhrites, who should be in Andhara Sangam of Fiji. Reddys and Naidus have no place in TISI. Nairs also have no place in TISI. But they are ll there for the money which TISI has. Who dont you go to your organisations and build them up, why parasite on ours.

Anonymous said...

Pote Sunil Sharma! Guess you not up to the task after all! You are tried in criminal jurisdiction, why did you take this civil action?? Also, I do beleive the lawyer Shalend Krishna was also Bala's lawyer in the hit-and-run case. While both being of the Sangam community, I wonder how the legal aspects are being explained to the laymen with 2 (if not more) lawyers on the board, with Mr Naidu also having major support over the years

Anonymous said...

You fucking Indians are the problem in Fiji.

Anonymous said...

Rid Fiji of Religion and Fiji will go back to the way the world should be. Simple. We dont need people that think they are Holy to tell us how we should live. If you dont know right from wrong your an idiot.

How a fuckwit talatala thought by having sex with a minor will exorcise the evil spirit out from her body and kill it. Are people really that thick?

Fuck sakes.

Anonymous said...

ISIS for Fiji.Islam for Fiji

Anonymous said...

Looks like things are drying up here for topics.

Take a look at schoolboy warrior Rahul Singhs latest revelation on Fiji Exposed. He manages to expose himself.

Seriously guys you need to all move there the entertainment is priceless.

Once they can get the input of warriors like Tomasi there to bring the God angle to their most discussed topics like trying to expose a fraud with chicken slicing in a supermarket it will be an award winner.

Anonymous said...

ISIS and Islam for Fiji??? Keep on fucking dreaming goat-fucker.

Unknown said...

Breaking news

Fiji minister of defence and immigration Tomaso Natuva has resigned just now. He has resigned due to differences with the AG over giving visas and passports to Pakistani nationals.

Anonymous said...

Hundreds of pakis are in the country. Many will pick up arms against us in time to come.

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